PTO

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DOL Issues Final Rule on Government Contractor Sick Pay

The U.S. Department of Labor issued its Final Rule on Thursday, September 29, 2016, implementing a 2015 Executive Order requiring federal contractors to provide at least seven days of paid sick leave annually. Under the Final...more

BREAKING: DOL Publishes Final Rule Requiring Federal Contractors To Provide Paid Sick Leave To Employees

Today, the U.S. Department of Labor (“DOL”) published its final rule implementing Executive Order 13706 (the “Final Rule”), which requires certain federal contractors and subcontractors to provide paid sick leave to their...more

When Employers Don't Recognize an Employee's Notice of the Need for FMLA Leave, They Pay the Price

As employers, we face a sobering reality: at every turn, the FMLA sets us up to fail. Whether it’s deciphering medical certification, assessing fitness for duty upon return to work, or dealing with the always frustrating...more

Litigating California Wage & Hour and Labor Code Class Actions

Introduction and Overview - Since the turn of the century, there has been a huge increase in the number of class action lawsuits alleging violations of California’s overtime laws or other Labor Code statutes and wage and...more

If Pain, Yes Gain—Part XXII: Morristown No. 13 in New Jersey to Pass Paid Sick Leave Law

Seyfarth Synopsis: Following the path of 12 other New Jersey municipalities, on September 13, 2016, the Morristown, NJ, Town Council passed a mandatory paid sick leave ordinance (the “Morristown Ordinance”). The ordinance...more

Rule Governing Paid Sick Leave for Federal Contractors Completes OMB Review Process

As reported today in Politico, the rule effectuating Executive Order 13706 (the “Order”), which requires certain federal contractors and subcontractors to provide their workers up to seven days of paid sick leave annually,...more

Morristown Becomes New Jersey’s 13th Municipality to Enact a Paid Sick Time Law

On September 14, 2016, Morristown, New Jersey became New Jersey’s 13th municipality to require private employers to provide paid sick time to employees.  The Morristown ordinance takes effect on October 4, 2016, leaving...more

If Pain, Yes Gain—Part XXI: Saint Paul Passes Paid Sick Leave Ordinance

Seyfarth Synopsis: On September 7, 2016 the Saint Paul, MN city council unanimously passed a mandatory paid sick leave ordinance — following the lead of Minneapolis, which passed a similar ordinance in May — becoming the...more

Illinois Employee Sick Leave Act

Seyfarth Synopsis: On January 1, 2017, a new law will go into effect in Illinois. The title of the law -- “Employee Sick Leave Act” --suggests that is it a paid sick leave law. However, it is not a paid sick leave law and...more

St. Paul Joins Minneapolis in Passing Paid-Sick Ordinance

Both cities will require employers to extend paid sick leave, effective July 2017. On Wednesday September 7, 2016, St. Paul became the second Minnesota city to enact an ordinance requiring that employers offer workers...more

Saint Paul Becomes the Second City in Minnesota to Mandate Paid Sick and Safe Time

On September 7, 2016, Saint Paul became the second city in Minnesota to mandate that employers provide earned sick and safe time for their workers. Under Saint Paul’s ordinance (the “Saint Paul Ordinance”), covered employers...more

Shanghai Salary Payment Regulations Now More Flexible for Employers

Effective August 1, the rules around salary payment practices are now more practical for employers in Shanghai, thanks to an update to the Municipal Enterprises Salary Payment Regulation (“Updated Regulation”). An employer in...more

“Crazy Horse” Is Still Going Crazy in Las Vegas

The US Court of Appeals for the Ninth Circuit upheld the district court’s decision that the plaintiff was the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered mark...more

UCB, Inc. v. Yeda Research and Development Co. (Fed. Cir. 2016)

On September 08, 2016, in UCB, Inc. v. Yeda Research and Development Co., the Federal Circuit affirmed the determination by the District Court for the Eastern District of Virginia that UCB's Cimzia® brand antibody does not...more

Use of Rule 45 Subpoenas in TTAB Proceedings

The US Court of Appeals for the 10th Circuit clarified the proper discovery procedures for a Rule 45 subpoena to compel a nonparty to produce documents in a trademark dispute before the US Patent and Trademark Office (PTO)...more

Berkeley Enacts California’s Newest Local Paid Sick Leave Law

On August 31, 2016, the City of Berkeley, California joined the long list of local jurisdictions to create a local sick leave law when it enacted the “Paid Sick Leave Ordinance.” Berkeley also amended its minimum wage law and...more

New Illinois Law Permits Employees to Use Accrued Sick Leave for Family Medical Care

Last week, Governor Rauner signed into law House Bill 6162, the Employee Sick Leave Act (“the Act”). Under the Act, “personal sick leave benefits” provided by employers for absences due to an employee’s illness, injury, or...more

San Diego Sick Leave Amendments: Cure for or Cause of Employer Ills?

San Diego’s Earned Sick Leave and Minimum Wage Ordinance has been amended less than two months after its July 11, 2016 effective date. The amendments, instituted via the oddly-titled “Implementing Ordinance,” plug gaps the...more

Employers' Guide to Los Angeles' Sick Leave & Minimum Wage Ordinance

Most Los Angeles employers know the City Council implemented a new sick leave ordinance for employees working within the City of L.A. on June 2016. However, as the Sick Time Benefits section was added to an existing...more

USPTO Releases Memorandum on Subject Matter Eligibility

On May 4th the U.S. Patent and Trademark Office issued its latest Guidance on how Examiners are to apply recent U.S. Supreme Court and Federal Circuit precedent related to subject matter eligibility (see "USPTO Issues Update...more

Stay Ahead Of The Tides: The Ever Changing California Employment Landscape

Employers with California employees are already familiar with the particularities and unique challenges associated with doing business in this state. As other west coast states appear to be meeting or surpassing California’s...more

Chronic Conditions: Can an Employer Deny FMLA Leave When an Employee Does Not Attend Two Doctor Visits in One Year?

Frank, your night custodian, reports that he suffers from Crohn’s disease, a chronic condition that will cause him to miss work when the condition flares up from time to time, including his absence yesterday. Cleaning floors...more

Ruff CA Leave Laws: Pet Care and Other Peculiarities

Seyfarth Synopsis: In leaves of absence, as in employment law generally, California can be peculiar. We examine at a few examples, including particular city ordinances in Emeryville and San Francisco, and other statewide...more

Chicago Ordinance Requires Employer to Provide Paid Sick Leave

The City of Chicago joined a growing list of cities requiring private employers to provide paid sick leave to its employees. With no federal sick pay requirement, employers in the City of Broad Shoulders will now need to bear...more

Chicago's Paid Sick Leave Ordinance Is Now Law

Chicago has joined a growing list of states and cities that require employers to provide paid sick leave to their employees. The paid sick leave provisions were added as an amendment to the Chicago Minimum Wage Ordinance –...more

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